Wife broke her ankle and required surgery. After surgery the hospital gave her the wrong type of insulin for several days. Her blood surgery stayed over 800. She was sick the entire time she was being given the wrong insulin. She looked liked she was dyeing , unresponsive for most cases. once I found out what type insulin they were giving her I told them and they said its what the doctor ordered. I finally after a couple days seeing my wife get worse made them stop and threatened to go get hers form our house. They then started giving her the proper insulin and she started coming around better. We still do not know if any long term damage was done. DO we have legal right here?
If her damages are limited to the symptoms she had in the hospital. it would not be economically feasible to maintain a malpractice action as the costs of proceeding on the case would exceed the probable recovery. Confirm with local counsel.
It sounds like you are unaware of whether there may be any damage. Medical malpractice laws differ state by state, so it's important to consult one, if you believe there may be a claim. The statute of limitations on your claim may be 2 years, but can differ depending on the circumstances and the applicable law for your state. If a civil claim is cost prohibitive, another avenue may be filing a complaint with the medical board for your state. They may be able to discipline the facility/doctor for the negligent conduct, if there was no damage.
Whether you have a viable case just depends. First, you'd have to prove that it truly was a violation of the standard of care to give your wife a different diabetes med. Most diabetes meds work the same way so swapping brands, etc., does not matter much. But it could in certain circumstances. You'd also have to prove that her she has a long term, serious injury as a result of the error. Malpractice cases cost you & your attorney tens of thousands of dollars to litigate to an end. The projected settlement value of a case must therefore be very substantial to make the effort economically justifiable. If your wife is okay now and these problems were essentially resolves by the time of her discharge, then you'd likely not have enough injury to make suing feasible.
Sign up to receive a 3-part series of useful information and advice about personal injury law.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline